The law recognizes that circumstances could change that might impact the amount of a parent’s child support obligation. For example, a child might want to live primarily with one parent. Another example would be a parent developing a disability that prevents them from working, drastically decreasing their income. 

The parent seeking a modification of child support payments must file a motion with the court. They have the burden of proving:

  1. Circumstances have changed that impact child support 
  2. The circumstances were not anticipated when the court issued the current child support order
  3. The parent did not have any control over the circumstances (i.e., the parent voluntarily decided to quit working) 

The change in circumstances is significant enough to justify changing the amount of child support The court schedules a hearing. Each parent can present evidence supporting their allegations. Because the change in child support could substantially impact your finances, it is best to seek legal advice from an Orange County child support attorney to ensure your interests are represented.